Miller v. City of Wauwatosa

The street involved in this litigation is a portion of North Menomonee River Parkway in the City of Wauwatosa. The appellant owns residential real estate which abuts the western edge of the parkway and is located in the Sheraton Lawns subdivision. At the time the plat was recorded in 1926, a 40-foot right-of-way was dedicated for roadway purposes.

In 1956, the subdivision was annexed to the city and the city improved and relocated the roadway by constructing a 24 foot concrete roadway within the 40 foot easement. The western edge of this roadway was 10 feet east of the appellant’s property…